State and local resistance to the detention provisions contained in the National Defense Authorization Act continues to grow, rapidly emerging as a nationwide movement.

The Tennessee legislature will consider HB1629 and SB2669 in the 2012 session. The legislation would effectively nullify the detention provisions in the NDAA and would also require federal agents making an arrest in the Volunteer State for any reason to first obtain written permission from the county sheriff.

This bill declares that any federal law purporting to require local or state law enforcement agencies to act at the direction of the federal government or the United States military is beyond the authority granted to the federal government pursuant to the United States Constitution, is not recognized by this state, is specifically rejected by this state and is declared to be invalid in this state. This bill further declares that any federal law purporting to give federal agents or employees, including any members of the United States military, the authority of any state or local law enforcement agency of this state, without the express permission of this state, is beyond the authority granted to the federal government pursuant to the United States Constitution, is not recognized by this state, is specifically rejected by this state, and is declared to be invalid in this state.

The Tennessee bill also “makes it a Class E felony for any official, agent, or employee of the United States government to enforce or attempt to enforce any federal law, order, rule or regulation that is beyond the authority granted to the federal government pursuant to the United States Constitution,” and includes provisions for kidnapping charges if a federal agent were to detain a U.S. citizen in Tennessee under the NDAA.

“If what supporters say is true and the NDAA does not authorize indefinite detention of Americans, what is the harm in this legislation? Why would anybody oppose it? It does nothing but serve notice that state and local officials will not sit back and allow the federal government to exercise unconstitutional powers – powers supporters claim don’t exist anyway. It simply affirms a fence that supposedly already exists. The only rational I can find for opposing this bill is if they really do want the option of detaining Americans without due process to remain open,” he said. “You can only oppose this legislation if you accept the idea that the federal government has the authority to do whatever it wants with absolutely no check on its actions – Constitution be damned. If you ask me, that’s a lot scarier than whatever terrorist threat they claim to be protecting me from.”